The Charter of Victims’ Rights and your role

Respect, courtesy, compassion and dignity

A victim will be treated with courtesy, compassion, respect and dignity, taking into account their needs.

Privacy

A victim’s personal information, including the victim’s address and telephone number, will not be disclosed unless authorised by law.

Information about services

A victim will be informed, as soon as practically possible, about services and options available to them.

Information about the investigation

A victim will be informed about the progress of the investigation of the crime.  If some information can’t be shared with the victim because it may jeopardise the investigation, you must explain this to them.

Information about the prosecution and court matters

A victim will be informed of each major decision made about the prosecution of the accused, including the reasons.

This includes decisions about:

• the charges against the accused
• not charging the accused
• substantially changing the charges
• accepting a guilty plea to a lesser or different charge.

A victim will be informed about:

• the name of the person (or people if there are more than one) charged with the crime
• the issuing of a warrant for the arrest of the accused person (or people)
• details of relevant court processes, including when the victim may attend a court proceeding and the date and place of hearing at court of a charge against the accused
• details of an application for bail made by the accused, including any court hearings
• details of any diversionary programs available to the accused in relation to the crime, such as the Drug and Alcohol Court
• the outcome of a criminal proceeding against the accused, including the sentence imposed and the outcome of any appeal.

Information about bail applications

The victim will be informed about the accused’s bail application and any arrangements made for the accused’s release. This includes any special bail conditions that may impact the victim’s safety or welfare.

Information about the role of a witness

If the victim is a witness at the accused’s trial, they will be informed about the process and their role as a witness.

Contact with the accused at court

During a court proceeding, the victim will be protected from unnecessary contact, violence, or intimidation by:

• the accused
• defence witnesses
• family members and supporters of   the accused.

Victim impact statements

If the accused is found guilty, a victim may make or give a victim impact statement to the court. This will be taken into consideration by the court during the sentencing process.

Return of victim’s property

A victim’s property held by the state for an investigation or as evidence will be returned to the victim or their family, in the case of a victim’s death, as soon as possible.

If an offender is sentenced to prison, eligible people can register to be placed on the victims register. The victims’ register is managed by Queensland Corrective Services. Eligible people will be notified of information about the offender.

Eligible people include:

• a victim of a violent or sexual offence
• an immediate family member of a victim who has died because of a violent or sexual offence
• the parent or guardian of a person who was a victim of a violent or sexual offence and is under 18 years or has a legal incapacity
• a person whose life or physical safety may be endangered because of a history of violence by the offender or because of a connection to the offence.

There are two different registers – one for adult offenders, and the other for youth offenders.

If the offender is an adult, eligible people will be kept informed of information about the offender, including:

• the offender’s period of imprisonment
• the offender’s eligibility or actual date for release
• information about parole applications
• the escape of the offender from custody or whether the offender is unlawfully at large.

For more information, a victim or person can phone 1800 098 098 (freecall) or visit Victim Information Register – Adult.

If the offender is a youth offender (under 18 years of age) and is sentenced to youth detention, registered people will be kept informed of information including:

• if the offender is transferred to an adult prison
• the offender’s period of detention
• when the offender is eligible for or due for release.

For more information, a victim or person can phone 13 QGOV (13 74 68) or visit Victim register- youth.

Opportunity to make written submissions to the parole board

People registered on the victims register will be written to if an offender they are registered against applies for parole. They will be given the opportunity to write to the parole board and provide information which will be considered as part of the decision to grant parole to the offender, or any parole conditions.

Relevant legislation is the Corrective Services Act 2006, Youth Justice Act 1992 and Victims of Crime Assistance Act 2009.

A Guide to the Charter of Victims’ Rights for government agencies
Learn about victims’ rights in Queensland

Resources

Download, print or order resources from the Office of the Victims’ Commissioner website to help your agency raise awareness of the Charter of Victims’ Rights.